Reviewer in Obligations and Contracts; Topic: Obligations
New Era University College of Law - Atty. Voltaire Duano
© Dennie Vieve Idea
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INTRODUCTION
What is obligation?
- A juridical necessity
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to give, to do or not to do (Art. 1156)
- A juridical relation whereby a person (active) may demand from another (passive) the presence of an
indeterminate conduct which in times of non-observance may seek relief.
ELEMENTS
1. Juridical tie (Art. 1157, sources of obligations)
Article 1157. Obligations arise from:
(1) Law
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.
**SOURCES OF OBLIGATION
1. Law – those expressly provided in the New Civil Code or special laws (Art. 1158)
2. Contracts – those that have force of law between contracting parties and should be complied with in
good faith (Art. 1159)
3. Quasi-contracts – arise from lawful, unilateral and voluntary acts which are enforceable to the end
that no one should unjustly enrich himself at the expense of another. (Art. 2142)
4. Delicts – arise from the commission of a crime. (Art.1161)
5. Quasi-delicts – arise from damage caused to another thru an act or omission there being fault or
negligence. (Art. 2176)
2. Object/prestation (Art. 1156)
3. Creditor and debtor
NATURE AND EFFECTS OF OBLIGATIONS
1. Real Obligations – to give a specific or generic thing
2. Personal Obligations – to do or not to do
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To enforce obligation in courts